Category Archives: African System

African Court Holds Rwanda Violated Victoire Ingabire’s Freedom of Expression

Justice Solomy Balungi Bossa of the African Court on Human and Peoples’ Rights
Credit: ACHPR

On November 24, 2017, the African Court on Human and Peoples’ Rights (AfCHPR) held that Rwanda violated Victoire Ingabire Umuhoza’s right to freedom of opinion and expression, as well as her right to an adequate defense. See AfCHPR, Ingabire Victoire Umuhoza v. The Republic of Rwanda, App. No. 003/2014, Judgment of 24 November 2017, paras. 173(viii)-(ix). Specifically, the African Court held that Rwanda violated the African Charter on Human and Peoples’ Rights (African Charter) and the International Covenant on Civil and Political Rights (ICCPR) because the criminal conviction and sentence imposed on Ingabire for a speech that, the African Court found, did not minimize the genocide was a disproportional and unnecessary restriction on her freedom of speech; however, the Court further found that the law criminalizing the minimization of genocide may impose a legitimate restriction on the right to freedom of expression for purposes of preserving public order and national security. See id. at paras. 141, 161-163. The Court’s analysis on the right to freedom expression draws on the only other judgment from the Court to weigh on an alleged violation of that right and relies, as that previous judgment did, on comparative international human rights jurisprudence to develop the right to freedom of expression in its own case law, including to recognize that the right protects opinions that “offend, shock or disturb.” See id. at paras. 120-63; AfCHPR, Lohé Issa Konaté v. Burkina Faso, App. No. 004/2013, Judgment of 5 December 2014.

While Ingabire’s case was pending before the Court, Rwanda moved to withdrawal its declaration allowing individuals to appeal directly to the AfCHPR; while the withdrawal has gone into effect, it does not affect those cases that the Court already had jurisdiction over, including Ingabire’s case. [IJRC] See AfCHPR, Ingabire Victoire Umuhoza v. The Republic of Rwanda, App. No. 003/2014, Ruling on Jurisdiction, 5 September 2016. Read more

IJRC to Host Training for Advocates Attending African Commission Session

The International Justice Resource Center (IJRC) in collaboration with the Institute for Human Rights and Development in Africa (IHRDA) and the Initiative for Strategic Litigation in Africa (ISLA) will hold a training from 09:00 to 10:30 on October 30, 2017 at the Kairaba Hotel in Banjul, The Gambia, ahead of the 61st Ordinary Session of the African Commission of Human and People’s Rights (ACHPR). The training, which will take place at the seat of the ACHPR in Banjul, seeks to provide human rights defenders, advocates, and victims with updated tools and strategies for conducting research on sources in international human rights law, State compliance with human rights obligations, and national legislation and jurisprudence. As part of its 61st Ordinary Session, which begins on November 1, 2017, the ACHPR will celebrate its 30th anniversary; the ACHPR will use the commemoration to assess the progress of the Commission and to develop strategies for the future promotion of human rights in Africa. [ACHPR: Anniversary] IJRC invites all attendees of the 61st Ordinary Session and preceding NGO Forum to attend this training. For more information, see IJRC’s event flyer and training description.

IJRC also wishes to call attention to the recent arrest in Tanzania of ISLA executive director, Sibongile Ndashe, and 12 other advocates. These human rights defenders were arrested while participating in a workshop on planned litigation to challenge Tanzania’s restrictions on clinics and lubricants helping to stop the spread of HIV. [HRW] The police arrested the lawyers and activists for “promoting homosexuality,” a crime that reportedly does not appear on the Tanzanian criminal code; although they remained in detention, they had yet to be formally charged as of October 25, 2017. [ISLA; Daily Nation] Tanzania is among the countries that still criminalize same-sex conduct. See ILGA, Sexual Orientation Laws in the World – Criminalisation. Authorities have carried out similar arrests over the past year, as part of an intensified crackdown on the LGBT community. [AP; NewsDeeply; Guardian] IJRC has signed on to calls for their immediate release without charge, and looks forward to seeing our ISLA partners in Banjul. Read more

Violence Following Kenya’s Presidential Election Prompts International Responses

UN Secretary General António Guterres meets with President Uhuru Kenyatta
Credit: UN Photo/Antonio Fiorente

The United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, last week urged Kenyan leaders to “calm a volatile political climate” while ensuring the right to peaceful assembly; his statement followed reports of the use of live ammunition against protesters in the wake of President Uhuru Kenyatta’s August 8th re-election. Reports indicate 24 people died due to the post-election violence. [Washington PostOHCHR Press Release: Zeid] In addition to Zeid’s statements, the UN Secretary General António Guterres, and the African Commission on Human and Peoples’ Rights (ACHPR) also responded to the post-election violence. The Secretary General called on leaders to settle disputes over the election through the appropriate institutions and to urge others to refrain from violence. [UNSG Press Release] The African Commission called for increased transparency of voter tallying, the avoidance of acts or statements inciting violence, and the use of legal avenues to address election related disputes. [ACHPR Press Release] While it was not responding directly to the post-election violence, the East African Community (EAC) Election Observer Mission to the Republic of Kenya (EAC Mission) did encourage anyone dissatisfied with the results to use the proper channels to challenge the outcome. [EAC Press Release] Despite the reports of post-election violence, Zeid, Guterres, the African Commission, and the EAC Mission recognized and commended Kenya’s peaceful voting process before the violence. [ACommHPR Press Release; EAC Press Release; OHCHR Press Release: Zeid; UNSG Press Release]

Kenya has a history of election related violence. Notably, during its 2007 elections, inter-ethnic clashes and police violence resulted in 1,100 people killed and 650,000 people displaced. [HRW: 2013] As a State party to the African Charter on Human and Peoples’ Rights, as well as other international human rights treaties, Kenya has an obligation to protect, respect, and fulfill the rights to life, freedom of expression, peaceful assembly, and participation in public affairs under articles 4, 9, 11, and 13, respectively. Read more

News Clips- August 18, 2017

The UN Security Council met this week to discuss peace and security on the African continent.
Credit: UN Photo/Manuel Elias

Civil Society

  • On Thursday, three young activists in Hong Kong, China were sentenced to six to eight months in prison for their participation in the 2014 Umbrella Movement protests. [Washington Post]
  • On Wednesday, the president of the Philippines encouraged police officers to shoot activists who obstruct justice. [Guardian]
  • Last week, Amnesty International reported that at least 66 people detained during protests in Morocco reported being subject to torture and ill-treatment. [AI]

Violence & Humanitarian Crises

  • On Thursday, at least 13 people were killed when a van drove into a crowd in Barcelona, Spain. [Guardian]
  • On Wednesday, police found mass graves containing 36 bodies of victims of a militant attack on a village in Afghanistan; the attack, claimed by the Islamic State, left at least 62 people dead. [Reuters]
  • On Monday, the United Nations reported seven people killed, and seven wounded, during an attack on UN headquarters in Timbuktu, Mali. [Washington Post]
  • Over the weekend, gunmen attacked a restaurant in Burkina Faso, killing almost 20 people. [UN News Centre]

Migrants, Refugees, & Asylum Seekers

Politics

  • On Wednesday, Lebanon repealed a law that prevented the criminal prosecution of rapists who subsequently married their victims. [Guardian]
  • On Monday, the government of Canada announced its core objectives, including protections based on gender and for indigenous peoples’ rights, for the pending North American Free Trade Agreement negotiations. [New York Times]
  • On Tuesday, the president of the Republic of Guinea Bissau, H.E. José Mário Vaz, pledged to ratify the Protocol establishing the African Court on Human and Peoples’ Rights. [AfCHPR Press Release]

African Commission Declaration Recommends Expanded Protections for Human Rights Defenders

Reine Alapini-Gansou, the ACHPR Special Rapporteur on human rights defenders, (right) sits with other ACHPR Commissioners
Credit: ACHPR

The African Commission on Human and Peoples’ Rights (ACHPRrecently published the Cotonou Declaration on strengthening and expanding the protection of all Human Rights Defenders in Africa that recommends repealing harmful and discriminatory laws, ensuring compliance with existing international standards that impact human rights defenders, and developing standards on women human rights defenders, among other recommendations. Adopted earlier this year during the 2nd International Symposium on the Situation of Human Rights Defenders in Africa held from March 27 to April 1, 2017, in Cotonou, Benin, civil society, national human rights institutions (NHRIs), and States in the region developed the Declaration. See ACommHPR, Cotonou Declaration on strengthening and expanding the protection of all Human Rights Defenders in Africa (adopted on 1 April 2017). The Commission’s Special Rapporteur on human rights defenders, Madame Reine Alapini-Gansou, organized the colloquium with the goal of strengthening the protection of human rights defenders in the pan-African region through an assessment of the progress made, and the development of new strategies capable of responding to the current needs of human right defenders. See ACommHPR, 60th Ordinary Session of the African Commission on Human and Peoples’ Rights Intersession Activity Report (2017), para. 35. The Declaration identifies the abuse of counter-terrorism laws, undue restrictions on the right to freedom of association, violence and threats of violence against defenders and their families, reprisals, and the targeting of certain groups of defenders, among others, as challenges to the protection of human rights defenders, and recommends, in part, raising awareness through the documentation of violations and publication of reports. See Cotonou Declaration on strengthening and expanding the protection of all Human Rights Defenders in Africa (2017). This Declaration is one of seven declarations adopted by the ACHPR since its founding, and while the ACHPR has adopted resolutions on human rights defenders, the existing treaties, declarations, and general comments in the pan-African Human Rights System do not address human rights defenders specifically.

Read more

« Older Entries